Dan and Bridget Guerrero Wednesday, January 28, 2015 Speaker You! introductions Logistics Opening Exercise Analyzing your organization’s needs The process ◦ ◦ ◦ ◦ Application Orientation / Personal Interviews Database checks (background, credit, license, etc) Reference checks Teen volunteers Volunteers violating policy while supporting your organization You are the Volunteer Manager for a small, nonprofit nursing care center for the elderly and disabled. You don’t have policies (other than an informal interview) for bringing in volunteers. One day, Jeff, 30, stops in to ask about volunteering. You block him into the schedule as he seems to be a great guy. Over the next 2 months, 2 residents fearfully confide in you that Jeff has threatened them when they confronted him about taking their loose cash/change from their rooms. Jeff’s had a ‘reasonable’ answer each time. Yesterday, a resident’s son brought in a copy of the resident’s credit card bill, showing charges for Apple products totaling $1,000.00, made from the facility (when Jeff was on volunteer duty two weeks earlier). ◦ The son stated the resident was fearful of Jeff, and afraid to tell staff she thought Jeff made the charges. **Note: Most states require checks on programs they regulate. With your table mates, spend 5 minutes discussing what you would have done over the previous 2 months, and what you should do now. You will have an opportunity to share with the larger seminar. It is estimated that 2.1 million older Americans are victims of abuse each year and approximately 80-90% of those cases go unreported. Disruption at facility with police investigation Potentially expensive lawsuit(s) against the organization Emotionally distressed patients Loss of trust by patients and their families Loss of other volunteers / potential volunteers PR problem for facility and it’s affiliates What are your current, written policies on screening volunteers? Are the policies multi-dimensional? Do these adequately support your needs? ◦ Vols drive clients? Motor vehicle registration checks ◦ Vols formally teach or train? Professional license verification ◦ Access to your financial records? Credit checks ◦ Working with vulnerable population? Criminal history checks Who sets the requirements for your volunteers? Volunteer Registration Essential Documents Quick Reference Matrix Individual Volunteers What’s Required Adult Program Children and Youth Programs ** x x (3) x Family Programs x x Completed Application References WSP Criminal Registry Check (WATCH) National Sex Offender Registry Check (www.nsopr.gov or www.familywatchdog.us) x x (2) x x x (3) x Employee and Volunteer Disclosure Statement HIPAA for Volunteers Sexual Abuse Prevention Flyer Volunteer Service Agreement Volunteer Job Description x x x x x x x x x x x x x x x Volunteers with unsupervised access to youth may have even more requirements- ex. FBI fingerprint (National Criminal History Check) Free text answer blocks are great Are the responses appropriate? Intent YTP Examples: ◦ “I love watching kids” guy ◦ - “Loose cannon” - Excerpt from YTP’s online volunteer application The interview will give you a sense of the applicant’s personality, living environment, hobbies, preferences and strengths. Trust your intuition. Both verbal and non-verbal communication will be helpful in determining a possible match or the appropriateness of the potential volunteer. Rushing through this interview is a disservice to the organization, the volunteer and the quality of the match. Find interview techniques at: https://www.energizeinc.com/art/guidelines-usingquestions-conversation Question- How does cultural competency play a part in this process? Understand the profiles of those who may pursue volunteer opportunities for the wrong reasons: ◦ Anyone seeking personal gain (for the wrong reasons) ◦ Those seeking entry to vulnerable populations they wouldn’t otherwise have access to: ◦ Sexual predators ◦ Those who violate elderly ◦ Those who violate challenged populations National criminal history database check (NCIC) ◦ Fingerprint based State or County criminal background check Commercial background checks ◦ Washington State Patrol (WSP) ◦ Cannot search FBI’s NCIC ◦ “Open Source” checks ◦ Responses may vary from provider to provider Criminal records originate at the local level and are “reported up” to the state periodically There is no ‘perfect’ check Offenders can have records expunged Offenders often use aliases Offenders will frequently move from state to state Federal crimes are not registered in county or state databases ◦ Juvenile offenses are often sealed ◦ ◦ ◦ ◦ https://www.privacyrights.org/volunteerbackground-checks-without-giving-upprivacy 1. 2. 3. Does your organization use the Washington State Patrol’s WATCH database to perform criminal history checks? Does your organization contract with a proprietary background check company? If so, please share. Has your organization migrated from one type of check to another? Why? Observations? Sex offender registry ◦ County sheriffs forward offender register up to Washington Assn of Sheriffs and Police Chiefs ◦ You can search by name for offenders ◦ Sex offenders are in the registry for life If an offender moves and does not report to the county sheriff in which they reside, public records/databases will not be updated. ◦ Approximately 30% of offenders are absconders ◦ 3 Levels- Though Level I offenders are characterized as unlikely to offend again, your organization needs to discuss your threshold. NSOPW.GOV Search by name all 50 states Updated by jurisdiction at different rates WA Assn of Sheriffs & P. Chiefs www.icrimewatch.net Search for offenders by name/address Updated daily Info fed to NSOPW Sex offenses Felonies involving violence All felonies other than violence or sex within the last 10 years Misdemeanor offenses involving violence Misdemeanor drug or alcohol offenses within 5 years Any other misdemeanor within 5 years that would be considered a potential danger to children Your organization should consider creating policy on: ◦ Volunteers who serve for many years- experts recommend 2-5 year recheck ◦ Volunteers who leave and return (ex. CCS policy): If they’ve been away >6 months: no requirement 6 mo – 2 yrs: new background <2 years: new orientation, one reference and new background check Question for audience- Who has a built in feature in their volunteer database that alerts you to conduct a new background check? CCS solicits in writing & follows up with phone checks. Telephone conversations allow more flexibility: ◦ Listen for nervousness ◦ Tone of voice ◦ Hesitation (CCS Reference Check handout) Running third-party background checks on minors falls under the Fair Credit Reporting Act (FCRA), just as they would for any other applicant or employee; therefore, careful understanding of the nature of a minor’s consent is necessary for nonprofits to be protected. Under the law, minors cannot approve consent as they cannot enter legally binding agreements Maturity is lacking in understanding the obligations of a legal contract Your organization should require parental or legal guardian’s consent to any checks Majority of juvenile criminal records are sealed until 18 Credit checks unavailable for those >18 Can do motor vehicle checks, employment and education verification checks So, increase vigilance in those checks you can confirm Your organization should have a policy on providing volunteers copies of derogatory findings that arise during onboarding Are you safeguarding personal / confidential findings? What’s your privacy and data security policy? ◦ CCS YTP removed the requirement for individuals to provide SSNs Some volunteers are well intentioned, but not performing well, or not a great fit for the role For those volunteers, follow the “5 Re” plan: ◦ ◦ ◦ ◦ ◦ ◦ Re-enforce Reassign Re-train Re-vitalize Refer Retire Be swift, but deliberate Have a policy in place: ◦ Though uncommon, individuals will sue nonprofits ◦ Ask the volunteer not to come to the nonprofit until the case has been evaluated ◦ Investigate the facts ◦ Document the findings ◦ Meet the volunteer Be specific Don’t negotiate Send follow up letter (may include positive thanks, but will also communicate termination) ◦ Communicate the removal to other staff members, while maintaining confidentiality (where needed) Notify law enforcement Refusing a potential volunteer or firing a volunteer can be very unpleasant In living with the “Mission First” concept, you can always make the right decisions. We always focus on the “safety and best interest of our xxxxx” ◦ Where “XXXXX” are your children, your clients, your animals, etc Why does your organization need to screen volunteers? ◦ ◦ ◦ ◦ To To To To improve program quality and safety comply with legal requirements better match volunteers reduce risk / limit liability We have a moral, legal and ethical responsibilities to our clients- have a sound plan Using a “comprehensive” approach to onboarding volunteers is critical https://www.privacyrights.org/volunteerbackground-checks-without-giving-upprivacy http://volunteer.ca/content/screening-10steps http://www.praesidiuminc.com/backgroundc heck/nine_things_you_need_to_know_about_ background_checks.pdf https://www.energizeinc.com/how_tos_volun teer_management/screening Contact: BridgetG@ccsww.org